Spirit Mountain Farms

National Labor Relations Board - Board Decisions

Jan 8, 1982

259 N.L.R.B. 1016 (N.L.R.B. 1982)

1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Spirit Mountain Farms, Inc. and Donald R. Brown, tional Labor Relations Board has delegated its au-
I. Lois Brown, and Marilyn E. Brown, Executor thority in this proceeding to a three-member panel.
of the Estate of Robert H. Brown, deceased, a Upon the entire record in this proceeding, the
Limited Partnership, d/b/a Spirit Mountain Board makes the following:
Farms and Martin Hitt. Case 28-CA-6527
Ruling on the Motion for Summary Judgment
January 8, 1982
Section 102.20 of the National Labor Relations
DECISION AND ORDER Board Rules and Regulations, Series 8, as amended,
provides, inter alia: "All allegations in the com-
BY MEMBERS JENKINS, ZIMMERMAN, AND plaint, if no answer is filed , . . shall be deemed to
~HUNTER~~ ~be admitted to be true and shall be so found by the
Upon a charge filed on June 29, 1981, by Martin Board." As set forth above, Respondent has not
Hitt, an individual, and duly served on Spirit filed an answer to the complaint; the time within
Mountain Farms, Inc., herein individually called which to file having passed, we find all allegations
Respondent Corporation and Donald R. Brown, I. in the complaint to be true. There being no issues
Lois Brown, and Marilyn E. Brown, executor of in dispute, we grant the Motion for Summary
the estate of Robert H. Brown, deceased, a limited Judgment.
partnership, herein individually called Respondent On the basis of the entire record, the Board
Partnership, d/b/a Spirit Mountain Farms, herein makes the following:
collectively called Respondent, the General Coun- FINDINGS OF FACT
sel of the National Labor Relations Board, by the
Acting Regional Director for Region 28, issued a I. THE BUSINESS OF RESPONDENT
complaint on July 23, 1981, against Respondent, al- . At all times material herein, Respondent Cor-
leging that Respondent had engaged in and was en- poration and Respondent Partnership have been af-
gaging in unfair labor practices affecting commerce flate bsness enterprfiliated business enterprises with common officers,
within the meaning of Section 8(a)(1) and (3) and ownership, directors, management, and supervison;
Section 2(6) and (7) of the National Labor Rela- have formulated and administered a common labor
tions Act, as amended. policy affecting employees of said operations; have
The charge was filed on June 29, 1981, by the shared common premises and facilities; have pro-
Charging Party, and duly served on Respondent by vided services for each other; have interchanged
certified mail on or about the same day. The personnel with each other; and have held them-
Acting Regional Director on July 23, 1981, issued selves out to the public as a single integrated busi-
a complaint and notice of hearing, which was re- ness enterprise
ceived and signed for by Donald Brown on July We find, on the basis of the foregoing, that Re-
31, 1981. When no answer was filed, counsel for spondent Corporation and Respondent Partnership
the General Counsel on August 13, 1981, sent, by constitute a single integrated business enterprise
ordinary mail, a letter advising Respondent that it and a single employer within the meaning of Act.
had failed to timely file an answer to the complaint 2. At all times material herein, Respondent, with
as required by the Board's Rules and Regulations an office and place of business in Mohave Valley,
and further informing Respondent of the conse- Arizona, has been engaged in the business of pro-
quences of its failure to timely file an answer there- ducing, packaging, and selling fibre, grain, grass,
to, namely, that such would have the effect of ad- fruit, and related products, including melons, and
mitting each and every allegation in the complaint. has packaged and sold melons which were pro-
On August 31, 1981, counsel for the General duced by Respondent and other agricultural pro-
Counsel filed directly with the Board a Motion for ducers. During the past 12 months, Respondent in
Summary Judgment on the pleadings. Subsequent- the course and conduct of its business operations,
ly, on September 8, 1981, the Board issued an derived gross revenues in excess of $500,000 and
order transferring the proceeding to the Board and sold and shipped from its Mohave Valley, Arizona,
a Notice To Show Cause why the General Coun- facilities products, goods, and materials valued in
sel's motion should not be granted. Respondent has excess of $50,000 directly to points outside the
not filed a response to the Notice To Show Cause State of Arizona.
and, therefore, the allegations in the Motion for We find, on the basis of the foregoing, that Re-
Summary Judgment stand uncontroverted. spondent is, and has been at all times material
Pursuant to the provisions of Section 3(b) of the herein, an employer engaged in commerce within
National Labor Relations Act, as amended, the Na- the meaning of Section 2(6) and (7) of the Act, and
259 NLRB No. 140
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SPIRIT MOUNTAIN FARMS 1017
that it will effectuate the policies of the Act to job or, if his job no longer exists, to a substantially
assert jurisdiction herein. equivalent position, without prejudice to his senior-
ity or any other rights and privileges previously
. THE LABOR ORGANIZATION INVOLVEDenjoyed. Moreover, we shall order that Respond-
Fresh Fruit and Vegetable Workers Local P-78- ent make him whole, with interest, for any loss of
B, United Food and Commercial Workers, AFL- earnings he may have suffered as a consequence of
CIO, herein called the Union, is a labor organiza- the discrimination against him by payment to him
tion within the meaning of Section 2(5) of the Act. of a sum equal to what he would have earned, less
net earnings, to be computed in the manner pre-
lI. THE UNFAIR LABOR PRACTICES cscribed in F. W. Woolworth Company, 90 NLRB
On or about June 23, 1981, Respondent dis- 289 (1950). Interest on the backpay shall be com-
charged Charging Party Martin Hitt and, since that puted as set forth in Florida Steel Corporation, 231
date, has failed and refused to reinstate him to his NLRB 651 (1977).2
former position of employment. Respondent en- The Board, upon the basis of the foregoing facts
gaged in the acts and conduct described above be- and the entire record, makes the following:
cause Martin Hitt refused to join the Union and to
authorize Respondent to deduct periodic dues andCONCLUSIONS LAW
initiation fees from his wages on behalf of the 1. Spirit Mountain Farms, Inc., and Donald R.
Union and in order to encourage employees to Brown, I. Lois Brown, and Marilyn E. Brown, ex-
engage in such activities or other concerted activi- ecutor of the estate of Robert H. Brown, deceased,
ties for the purpose of collective bargaining or a limited partnership, d/b/a Spirit Mountain
other mutual aid or protection. Farms, constitute a single integrated business enter-
On the basis of the foregoing, we find that Re- prise and a single employer within the meaning of
spondent has discriminated, and is continuing to the Act.
discriminate, in regard to hire, tenure, or terms and 2. Respondent is an employer engaged in com-
conditions of employment of its employees,' there- merce within the meaning of Section 2(6) and (7)
by encouraging membership in a labor organiza- of the Act.
tion, and thereby has engaged in and is engaging in 3. Fresh Fruit and Vegetable Workers Local P-
unfair labor practices within the meaning of Sec- 78-B, United Food and Commercial Workers,
tion 8(a)(3) and (1) of the Act. AFL-CIO, is a labor organization within the mean-
IV. THE EFFECT OF THE UNFAIR LABORing of Section 2(5) of the Act.
PRACTICES UPON COMMERCE 4. Respondent, by discharging Martin Hitt and
by failing and refusing to reinstate him to his
The activities of Respondent set forth in section former position of employment, has discriminated
III, above, occurring in connection with its oper- against employees in order to encourage union
ations described in section I, above, have a close, membership and activities, in violation of Section
intimate, and substantial relationship to trade, traf- 8(a)(3) and (1) of the Act.
fic, and commerce among the several States and 5. The aforesaid unfair labor practices are unfair
tend to lead to labor disputes burdening and ob- labor practices affecting commerce within the
structing commerce and the free flow of com- meaning of Section 2(6) and (7) of the Act.
merce.
ORDER
V. THE REMEDY
Pursuant to Section 10(c) of the National Labor
Having found that Respondent has engaged in Relations Act, as amended, the National Labor Re-
and is engaging in unfair labor practices within the lations Board hereby orders that the Respondent,
meaning of Section 8(a)(3) and (1) of the Act, we Spirit Mountain Farms, Inc., and Donald R.
shall order that it cease and desist therefrom and Brown, I. Lois Brown, and Marilyn E. Brown, ex-
take certain affirmative action in order to effectuate ecutor of the estate of Robert H. Brown, deceased,
the policies of the Act. a limited partnership, d/b/a Spirit Mountain
We shall order that Respondent offer Martin Farms, Mohave Valley, Arizona, its officers,
Hitt immediate and full reinstatement to his former agents, successors, and assigns, shall:
1. Cease and desist from:
The record indicates that Respondent is engaged, inter alia, in the
business of packaging and selling melons produced by other agricultural
producers. Accordingly, in the absence of evidence to the contrary, we ' See, generally, Isis Plumbing Heating Co, 138 NLRB 116(1962). In
find that Charging Party Hitt is an employee within the meaning of the accordance with his dissent in Olympic Medical Corporation, 250 NLRB
Act. Employer Members of Grower-Shipper Vegetable Association of Central 146 (1980), Member Jenkins would award interest on the backpay due
California, el a., 230 NLRB 1011 (1977). based on the formula set forth therein.
,.equivalent
ity r any t er rights and privileges re i sl
nI. THE LABOR VOLVED enjoyed.
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1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(a) Discharging or otherwise discriminating Order, what steps Respondent has taken to comply
against employees because they have refused to herewith.
join Fresh Fruit and Vegetable Workers Local P-
78-B, United Food and Commercial Workers, APPENDIX
AFL-CIO, and have refused to authorize Respond- NOTICE To EMPLOYEES
ent to deduct periodic dues and initiation fees fromOTIE E OEE
their wages on behalf of the Union, in order to en- POSTED ORDER OF THE
courage union activities or membership. NATIONAL LABOR RELATIONS BOARD
(b) In any like or related manner interfering An Agency of the United States Government
with, restraining, or coercing employees in the ex-
ercise of the rights guaranteed them by Section 7 WE WILL NOT discharge or otherwise dis-
of the Act. criminate against employees because they have
2. Take the following affirmative action designed refused to join Fresh Fruit and Vegetable
to effectuate the policies of the Act: Workers Local P-78-B, United Food and
(a) Offer Martin Hitt immediate and full rein- Commercial Workers, AFL-CIO, and have re-
statement to his former position or, if his position fused to authorize us to deduct periodic dues
no longer exists, to a substantially equivalent posi- and initiation fees from their wages on behalf
tion, without prejudice to his seniority or other of the Union, in order to encourage union
rights and privileges previously enjoyed, and make membership or activities.
him whole, with interest, for any loss of earnings WE WILL NOT in any like or related manner
he may have suffered as a result of the discrimina- interfere with, restrain, or coerce employees in
tion against him in the manner set forth in the sec- the exercise of the rights guaranteed them by
tion of this Decision entitled "The Remedy." Section 7 of the Act.
(b) Preserve and, upon request, make available to WE ofer Mtn Htt eteWE WILL offer Martin Hitt immediate andthe Board or its agents, for examination and copy- reintatement to i
ing, all payroll records, social security payment re- reinstateent to is ore
cords, timecards, personnel records and reports, his position no longer exists, to a substantially
and all other records necessary to analyze the equivalent position, without prejudice to his
amount of backpay due under the terms of this seniority or other rights and privileges previ-
Order. ously enjoyed, and WE WILL make him whole
(c) Post at its facility in Mohave Valley, Arizo- for any loss of earnings he may have suffered
na, copies of the attached notice marked "Appen- due to the discrimination practiced against
dix." 3 Copies of said notice, on forms provided by him, with interest.
the Regional Director for Region 28, after being
duly signed by Respondent's representative, shall SPIRIT MOUNTAIN FARMS, INC., AND
be posted by Respondent immediately upon receipt DONALD R. BROWN, I. LOIS BROWN,
thereof, and be maintained by it for 60 consecutive AND MARILYN E. BROWN, EXECU-
days thereafter, in conspicuous places, including all TOR OF THE ESTATE OF ROBERT H.
places where notices to employees are customarily BROWN, DECEASED, A LIMITED PART-
posted. Reasonable steps shall be taken by Re- NERSHIP, D/B/A SPIRIT MOUNTAIN
spondent to insure that said notices are not altered, FARMS
defaced, or covered by any other material.
(f) Notify the Regional Director for Region 28,
in writing, within 20 days from the date of this
I In the event that this Order is enforced by a Judgment of a United
States Court of Appeals, the words in the notice reading "Posted by
Order of the National Labor Relations Board" shall read "Posted Pursu-
ant to a Judgment of the United States Court of Appeals Enforcing an
Order of the National Labor Relations Board."
r f t a t rize espond- NOTICE To EMPLOYEES
POTE BY ERP YE S
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